Firearms licence forms altered by gardaí, High Court hears

A High Court challenge by shooting enthusiasts to a garda refusal to grant them firearms licences was adjourned yesterday to facilitate talks between lawyers over the altering by gardaí of application forms.

Last Friday, Mr Justice John Hedigan invited the authorities to consider whether they would stand over the licensing system after hearing evidence that a number of application forms were altered after the legal action began.

The judge found the evidence in two of the three test cases so far showed the recording process had not been correctly followed.

He adjourned the matter until yesterday for a week to facilitate further talks. He stressed he wanted to hear what the state had to say about the altering of the forms before continuing with the case.

Three test cases — which will affect the outcome of almost 200 similar cases brought by shooting enthusiasts and which is supported by the National Association of Game Councils — are being heard.

Mr Justice Hedigan said it had been admitted that a substantial number of forms had been altered, after having been previously been finalised.

Large sections of the mandatory forms, had not been filled in, leading to licences being refused.

The judge noted this was described as “inadvertence”, or an error by the authorities. “If the system put in place is not being followed, both the granting and refusing process is clearly flawed,” he said.

Ireland’s firearms laws were changed in 2009 to make it more difficult, on public safety and security grounds, to obtain a licence. Shooting enthusiasts complained that their applications were refused on a blanket basis without adequate reasons.

Gardaí have denied claims there is a fixed policy of refusing licences.

In the first test case, Dublin firearms dealer Michael Walls is seeking orders quashing refusals in October 2009 by Garda Chief Superintendent Gerard Phillips, based at Ballymun, to issue firearms certificates for seven pistols, which are considered as restricted firearms.

The court heard Mr Walls has been actively involved in shooting clubs and competitions.

He claims that he applied to renew the licences in 2009 but was refused.

Chief Supt Phillips told him, in a letter, that he was not satisfied Mr Walls had shown a good reason for requiring a restricted firearm where a non-restricted firearm would not fulfil his purpose.

Mr Walls asked for a meeting with the officer but was refused, and he was also not provided with reasons for the decision, it was claimed.

In a replying affidavit, Chief Supt Phillips said he was not satisfied Mr Walls had a good reason for requiring the guns. He did not think a meeting with Mr Walls was necessary.

The Chief Supt added he also took into account factors including the number of gun-related crimes in the division in which he is stationed, and the dangers that handguns can pose to the public.